Moskos v. Hardee, No. 19-7611 (4th Cir. 2022)
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North Carolina inmate Moskos asked Officer Hardee for permission to cross the prison yard to get cold water. Hardee denied this request. Shortly thereafter, Moskos encountered Officer Butler, who allowed him to use a nearby cooler. Returning, Moskos encountered Hardee again. According to Butler and Hardee, Moskos attacked Hardee. Officer Horne ran to the scene and used pepper spray when Moskos refused to stop. According to Moskos, he had threatened to file a grievance against Hardee and Hardee struck him in the head without warning. Moskos complained that his eyes were burning, and according to an officer, he was given a shower within 30-45 minutes, subjected to a full medical assessment, then transferred to a medical center. Moskos disputes the timing and claims that when he returned from the hospital, he was placed in a segregation unit with horrible conditions and not allowed to shower or shave for about 20 days. Moskos was found guilty of assault on an officer, profane language, and disobeying an order. He lost 15 good-credit days, was sentenced to 60 days in segregation, and was transferred to a maximum-level security facility,
Moskos unsuccessfully submitted a prison grievance then filed suit under 42 U.S.C. 1983. The Fourth Circuit affirmed judgment as a matter of law for the defendants on his deliberate indifference and due process claims and a defense jury verdict on the remaining claims.
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